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  1. #1
    Join Date
    Mar 2014
    Posts
    2

    Default Leaving a "Drunk Tank" After an MIP

    My question involves criminal law for the state of: Colorado

    I was "arrested" on Sunday night for an MIP (minor in possession of alcohol) in Colorado. I was taken to the jail and was waiting with another guy by the front exit to the building for a few hours.

    We were just kind of sitting around sobering up, but it seemed like we were in the front lobby. There was a big desk area in the room that had two people in it just doing whatever work they were doing in the office not really paying attention to us. I do not believe there were any police around either. We decided to leave and walk out the front door.

    No one came after us or told us we were not allowed to leave. We walked home. They did take both our credit cards and our money, which they still have, but left me with all of my other belongings. I have looked up the booking records for that jail, and neither of us are in the booking records. I also don't believe they booked us because there were no pictures or prints taken. Was I correct in believing I was allowed to leave? I don't want a serious charge for escape or whatever.

    This was a drunk mistake I wish I didn't make, but I hope I'm blowing it out of proportion in my head. Any relevant legal advice would be appreciated. I've been obsessing over this and am very concerned.

  2. #2
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Leaving a "Drunk Tank" After an MIP

    Did you receive a citation from the officer? Something that said you were being charged with MIP, perhaps with a date on it for a court appearance?

    I don't think any one is going to be able to tell you for sure what the consequences of your actions will be, unless you can give more information, about what happened. I seriously doubt you were allowed to just walk out. They can and will find you if they want to based on your credit card info, they likely already ran your license and have that info as well.

    At this point your best bet is to find a lawyer (if you got a citation then you need to get one anyway) and have him find out what if anything the consequences will be. There is a chance you can just walk into the police station/jail and ask for your cards and money and get it back. There is also a chance you walk in and they arrest you on the spot. If your lawyer calls then he can arrange for you to turn yourself in and you can arrange for someone to be ready to bail you back out.

  3. #3
    Join Date
    Mar 2014
    Posts
    2

    Default Re: Leaving a "Drunk Tank" After an MIP

    I did receive a citation with the charge and a court date on it, but I was not booked into the jail.

    I do wonder if I call them myself to try to figure it out if that might cause them to come arrest me immediately.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Leaving a "Drunk Tank" After an MIP

    If they issued a citation and they haven't stopped by your house to look for you, odds are your leaving the jail is not going to be an issue. Just make sure you take proper steps to appear in court as required for your citation. A local lawyer should be able to advise you as to how you might minimize the consequences of that citation.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Leaving a "Drunk Tank" After an MIP

    Part of the purpose of the hold is to ensure your safety and well-being. If they have't come looking for you they likely won't but the only way you will get your credit card and money back is to contact them.

    i suspect there will be no negative actions to leaving as it appears it was more of a concern for your well-being than an intent to be punitive.

    and you were probably held in the lobby to avoid putting you in the real drunk tank with the older, and often more aggressive, guys.

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